2 Colo. Code Regs. § 404-1-528
Current through Register Vol. 47, No. 20, October 25, 2024
Section 2 CCR 404-1-528 - CEASE AND DESIST ORDERSa. The Commission or the Director may issue a Cease and Desist Order when an Operator's alleged violation of the Act or Commission Rule, order, or permit, or failure to take required corrective action or other authorized activity that creates an Emergency Situation. If the Cease and Desist Order is entered by the Director, it will be reported to the Commission not later than the next regularly scheduled Commission hearing, unless the matter is heard pursuant to the expedited procedure under § 34-60-121(5)(b), C.R.S.b. The Cease and Desist Order will be served pursuant to Rule 522.e within 7 days after it is issued.c. The Cease and Desist Order will state the provisions of the Act or Commission's Rules, orders, or permits alleged to have been violated, and will contain a short and plain statement of the facts alleged to constitute the violation, the time by which the acts or practices cited are required to cease, and any corrective action the Commission or the Director elects to require of the Operator.d. An objection by an Operator to a Cease and Desist Order will be heard by the Commission pursuant to § 34-60-121(5)(b), C.R.S. An Operator's objection to a Cease and Desist Order will not stay the order pending a Commission hearing on the matter, unless the Operator obtains an injunction enjoining enforcement of the Cease and Desist Order.e. After the issuance of a Cease and Desist Order, the Director may require amendment to or suspension of a permit associated with the Cease and Desist Order if necessary to protect and minimize adverse impacts to public health, safety, welfare, the environment, and wildlife resources. No amendment or suspension of a permit may occur without notice and hearing before the Commission.f. If an Operator fails to comply with a Cease and Desist Order, the Commission may request the attorney general to bring suit pursuant to § 34-60-109, C.R.S.37 CR 16, August 25, 2014, effective 9/30/201438 CR 01, January 10, 2015, effective 2/14/201538 CR 03, February 10, 2015, effective 3/2/201538 CR 07, April 10, 2015, effective 4/30/201538 CR 16, August 25, 2015, effective 9/14/201539 CR 04, February 25, 2016, effective 3/16/201641 CR 05, March 10, 2018, effective 4/1/201841 CR 06, March 25, 2018, effective 5/1/201841 CR 23, December 10, 2018, effective 12/30/201842 CR 02, January 25, 2019, effective 2/14/201942 CR 17, September 10, 2019, effective 9/30/201942 CR 24, December 25, 2019, effective 1/14/202043 CR 17, September 10, 2020, effective 9/30/202043 CR 13, July 10, 2020, effective 11/2/202043 CR 24, December 25, 2020, effective 1/15/202145 CR 07, April 10, 2022, effective 4/30/202245 CR 09, May 10, 2022, effective 5/30/202245 CR 13, July 10, 2022, effective 7/30/2022